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S-1
PROTEON THERAPEUTICS INC filed this Form S-1 on 09/16/2014
Entire Document
 

 

FIRST AMENDMENT TO LEASE

 

FIRST AMENDMENT TO LEASE dated as of this 14 day of Sep, 2012 by and between BOSTON PROPERTIES LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”) and PROTEON THERAPEUTICS, INC., a Delaware corporation (“Tenant”).

 

RECITALS

 

By Lease dated July 13, 2009 (the “Lease”), Landlord did lease to Tenant and Tenant did hire and lease from Landlord 4,943 square feet of rentable floor area (the “Rentable Floor Area of the Premises”) on the first (1st) floor of the building (the “Building”) known as and numbered 200 West Street, Waltham, Massachusetts (referred to in the Lease as the “Premises”).

 

Landlord and Tenant have agreed to extend the Term of the Lease for one (1) period of six (6) months upon all of the same terms and conditions set forth in the Lease except as set forth in this First Amendment to Lease (the “First Amendment”).

 

Landlord and Tenant are entering into this instrument to set forth said extension of the Term of the Lease and to amend the Lease.

 

NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration in hand this date paid by each of the parties to the other, the receipt and sufficiency of which are hereby severally acknowledged, and in further consideration of the mutual promises herein contained, Landlord and Tenant hereby agree to and with each other as follows:

 

1.                                      The Term of the Lease, which but for this First Amendment is scheduled to expire on June 30, 2013, is hereby extended for one (1) period of six (6) months commencing on July 1, 2013 and expiring on December 31, 2013 (the “Extended Term”), unless sooner terminated in accordance with the provisions of the Lease, upon all the same terms and conditions contained in the Lease as herein amended.

 

2.                                      Annual Fixed Rent shall continue to be payable by Tenant during the Extended Term at the annual rate of $168,062.00 (being the product of (i) $34.00 and (ii) the Rentable Floor Area of the Premises (being 4,943 square feet)).

 

3.                                      Tenant shall accept the Premises in its “as is” condition during the Extended Term, without any obligation on the Landlord’s part to perform any additions, alterations, improvements, demolition or other work therein or pertaining thereto (provided that the foregoing shall not be construed so as to relieve Landlord of any of its maintenance or repair obligations under the Lease).

 

4.                                      (A)                               Tenant warrants and represents that Tenant has not dealt with any broker in connection with the consummation of this First Amendment; and in the event any claim is